“It’s going to be very hard to find that this is criminal conduct under the federal code because it’s not a threat to the safety of the airline or other passengers,” said Peter Henning, now a Wayne State University law professor.

“It’s certainly distasteful, but it was not disruptive or interfering with the operation of the plane — and that’s typically what (airline incident) charges involve,” he said. “The embarrassment is probably the biggest punishment they can receive.”

The FBI took over the case from airport police after the plane landed. The pair was taken into custody.

The 29-year-old driver who plowed a truck into innocent people on a New York City bike path Tuesday, killing eight and injuring in 12, was a recently radicalized immigrant who plotted the attack about a year ago after getting his inspiration from ISIS videos, according to a criminal complaint filed against him on Wednesday.

Sayfullo Saipov, 29, was charged with an outstanding count of providing material support to a terrorist organization and one count of violence and destruction of a motor vehicle in connection with the deadliest terror attack in New York City since Sept. 11, 2001.

A day after President Trump called for the death penalty against the Uzbek immigrant, Trump on Thursday morning tweeted that he’d “love” to transfer the suspect to Guantanamo, “but statistically that process takes much longer” than the federal system.

He implored the court system to “move fast. DEATH PENALTY.”

Would love to send the NYC terrorist to Guantanamo but statistically that process takes much longer than going through the Federal system…